Atlantic Coast Line Railroad v. Frierson

(After stating the foregoing facts.) There are only two propositions insisted on by the plaintiff in error. One is that it appears from the petition as amended that the plaintiff, when he received the injuries alleged, was engaged in interstate commerce and that whatever right to a recovery he may have is determinable by the Federal employer’s liability act. The other is that it appears from the allegations of the petition as amended that the plaintiff, in using the motor car with knowledge that the brakes were defective as alleged, assumed the risk incident to the defective condition of the…